In the Interest of C.M.V., A Child--Appeal from County Court At Law No 1 of Webb County

MEMORANDUM OPINION

No. 04-06-00525-CV

IN THE INTEREST OF C.M.V., a child

From the County Court at Law No. 1, Webb County, Texas

Trial Court No. 2000-CVG-001287-C1

Honorable Alvino "Ben" Morales , Judge Presiding

PER CURIAM

Sitting: Alma L. L pez , Chief Justice

Catherine Stone , Justice

Rebecca Simmons , Justice

Delivered and Filed: October 18, 2006

DISMISSED FOR LACK OF JURISDICTION

Appellant attempts to appeal an order of termination. An appeal from such an order is accelerated. See Tex. Fam. Code Ann. 263.405(a) (Vernon Supp. 2006). The trial court signed the order on May 5, 2006. Because this is an accelerated appeal, the notice of appeal was due May 25, 2006. See Tex. R. App. P. 26.1(b); see also Tex. Fam. Code Ann. 263.405(c) (Vernon Supp. 2006) (noting deadline for filing notice of appeal is not extended by the filing of a post-trial motion). A motion for extension of time to file the notice of appeal was due on June 9, 2006. See Tex. R. App. P. 26.3. Appellant filed a notice of appeal on July 25, 2006, and did not file a motion for extension of time.

On September 18, 2006, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction, noting the requirement under Rule 26.3. Tex. R. App. P. 26.3; seealso Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) ("once the period for granting a motion for extension of time under Rule [26.3] has passed, a party can no longer invoke the appellate court's jurisdiction"). Appellant responded to this order on September 28, 2006. Finding no basis upon which this court can obtain jurisdiction, this appeal is dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a). Costs of appeal are taxed against appellant.

PER CURIAM